INDIANAPOLIS — The ACLU of Indiana has settled a First Amendment lawsuit against Ball State University President Geoffrey Mearns on behalf of former employee Suzanne Swierc. Swierc lost her job after posting on Facebook about the death of Charlie Kirk.
The lawsuit claimed her firing violated her free speech rights. Swierc’s post was private, but it was shared publicly through various channels, including Indiana Attorney General Todd Rokita’s “Eyes on Education” Portal. Soon after, Mearns informed Swierc of her immediate termination, linking it directly to her Facebook post.
As a public university, Ball State is not allowed to fire employees for protected speech made as private citizens, especially on public matters. The settlement awards Swierc $225,000 and ensures that her former colleagues can serve as references, highlighting her positive contributions to health promotion at the university.
“Suzanne was speaking as a private citizen about a public concern when Ball State let her go,” said Stevie Pactor, Senior Staff Attorney at the ACLU of Indiana. “The First Amendment protects such speech, and this outcome reinforces that principle.”
This case highlights an important aspect of free speech in American society. Recent data shows that in 2022, nearly 45% of Americans expressed concerns about losing their jobs due to social media activity. This incident serves as a reminder that protecting speech, even in private forums, remains vital in maintaining open dialogue and accountability, especially within public institutions.
The settlement was finalized last week, setting a precedent for future cases involving free speech at public universities.
